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Employment Relations Act 2000

Additional provisions relating to enforcement of employment standards - Banning orders

142Q: General provisions for banning orders

You could also call this:

“Rules for telling people about court orders that stop someone from doing certain things”

When the court makes a banning order, the Registrar must do two things quickly. First, they must tell the chief executive that the order has been made. Second, they must put a notice in the Gazette. This notice will say who the order is against, what the order says, and how long it lasts.

If you want to ask the court for permission to do something that the banning order stops you from doing, you need to tell the chief executive in writing at least 10 working days before you ask the court.

When the court is deciding whether to give you permission, the department and anyone else the court thinks should be there can come to the hearing and share their thoughts.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6803089.

Topics:
Crime and justice > Courts and legal help
Government and voting > Government departments
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142P: Variation of banning order, or

“The court can change or cancel a banning order, or add rules to it, whenever they need to.”

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142R: Offence to breach banning order, or

“Breaking a rule that stops you from doing something can get you in big trouble with money or jail.”

Part 9A Additional provisions relating to enforcement of employment standards
Banning orders

142QGeneral provisions for banning orders

  1. A Registrar of the court must, as soon as practicable after making a banning order,—

  2. give notice to the chief executive that the order has been made; and
    1. publish a notice in the Gazette stating—
      1. the name of the person against whom the banning order has been made; and
        1. the terms of the order; and
          1. the period or dates for which the order applies.

          2. A person intending to apply for the leave of the court under section 142N(2) must give the chief executive at least 10 working days’ written notice of that intention.

          3. The department, and any other person the court thinks fit, may attend and be heard at the hearing of an application for leave.

          Notes
          • Section 142Q: inserted, on , by section 19 of the Employment Relations Amendment Act 2016 (2016 No 9).